Los Angeles Criminal Defense Lawyer Blog

Burglary and robbery are often confused. While both involve theft, under the law they are quite different and carry different penalties.

Burglary is the act of entering a building with the intent to steal property or commit another felony. The actual theft or felony does not have to actually be committed; entry with intent to commit a theft or felony is enough to result in a burglary charge. Burglary is a felony punishable by incarceration and significant fines that results in a permanent criminal record. First degree burglary is a strike offense in California.

• First degree burglary, often referred to as residential burglary, involves entry into a home, attached garage, boat, floating home, trailer, railroad car, aircraft, warehouse or the inhabited portion of a building. First degree burglary is a serious felony and a strike offense in California.


• Second degree burglary covers burglaries of businesses, stores and vehicles. Generally classed as misdemeanors, second degree burglary can be charged as a felony.

Robbery is the taking of property from another person against his will by means of force or fear. Robbery is a serious and violent felony and a strike offense in California. If convicted of robbery, you will serve time in a state prison.

• Strong arm robbery occurs when simple physical force is used.


• Armed robbery occurs when the force used involves a gun or other deadly weapon.

The difference between burglary and robbery is that robbery involves the threat or use of force in a person-to-person confrontation. For example, stealing an unoccupied car from a sidewalk or garage is the commission of second degree burglary. However, forcing a person from his car to steal the vehicle -- carjacking -- is a form of robbery.

-LegalPro